ACA enforcement — directly and 1557

Proposed 1557 regulation revision

Actions using ACA or related statutes

Litigation versus the Federal Government’s former 1557 regulation

 

PROPOSED 1557 REGULATIONS REVISION, MAY 2019

HHS, Nondiscrimination in Health and Health Education Programs or Activities

Non-Federal-Register version, released May 24, 2019

1557-nprm-hhs

HHS fact sheet, May 24, 2019

factsheet-section-1557

Federal Register version, 84 Fed. Reg. 27846 (June 14, 2019)

2019-11512

 

Private right of action discussion

1557 regs private right of action discussion

Cases mentioned in the private right of action discussion (cases with some pleadings set out below highlighted)

Alexander v. Sandoval, 532 U.S. 275, 282-83 (2001)

Barnes v. Gorman, 536 U.S. 181, 187 (2002)

Briscoe v. Health Care Serv. Corp., 281 F. Supp. 3d 725, 738 (N.D. Ill. 2017)

Condry v. UnitedHealth Group, No. 17-cf-00183-VC (N.D. Calif. 2018) (“disparate impact claims on the basis of sex are not cognizable under section 1557”)

Crocker v. Runyon, 207 F.3d 314, 321 (6th Cir. 2000)

Doe v. Bluecross Blueshield, No. 2:17-cv-02793-TLP-cgc, 2018 WL 3625012 (W.D. Tenn. 2018)

Hollenbeck v. U.S. Olympic Comm. 513 F.3d 1191, 1197 (10th Cir. 2008)

Southeastern Pennsylvania Transp. Authority v. Gilead, 102 F. Supp. 3d 688, 698-701 (E.D. Pa. 2015) (holding that Section 1557, incorporating Title VI, does not permit a private right of action for a disparate impact claim on the basis of race)

Valencia v. City of Springfield, Ill., 883 F.3d 959, 967 (7th Cir. 2018)

Weinreb v. Xerox Business Services, 323 F.Supp. 3d 501, 521 (S.D.N.Y. 2018)

York v. Wellmark, Inc., No. 4:16-cv-00627-RGE-CFB, at *15-16 (S.D. Iowa Sep. 6, 2017)

 

 

2015 proposed regulations, 80 Fed.Reg. 54172 (Sept. 8, 2015)

2015-22043-1

2016 final regulations, including preamble, 81 Fed.Reg. (May 18, 2016)

2016-11458

 

ACTIONS, CONTRACT OR OTHERWISE, USING ACA OR RELATED STATUTES

Audia v. Briar Place, Ltd., No. 1:17-cv-6618 (N.D. Ill.)

Boyden v. Conlin, No. 3:17-cv-264 (W.D. Wis.)

Briscoe v. Health Care Service Corp., No. 1:16-cv-10294 (N.D. Ill.)

Condry v. United Health Group, Inc., No. 1:17-cv-183 (N.D. Cal.)

Doe v. BlueCross BlueShield of Tennessee, No. 18-5897 (6th Cir.)

Edmo v. Idaho Dep’t of Correction, No. 1:17-cv-151 (D. Idaho), Ninth Circuit 19-35017

Esparza v. University Medical Center Management Corp., No. 2:17-cv- 4803 (E.D. La.)

E.S. v. Regence BlueShield, No. 2:17-cv-1609 (W.D. Wash.), Ninth Circuit 18-35892

Flack/Makenzie v. Wisconsin, No. 3:18-cv-309 (W.D. Wis.), Seventh Circuit 18-2861

Hartford Healthcare Corp. v. Anthem, No. 3:17-cv-1686 (D. Conn.)

Harvey v. Centene Corp., No. 2:18-cv-12 (E.D. Wash.)

Mills v. BlueCross BlueShield of TN, No. 3:15-cv-552 (E.D. Tenn.)

Morris v. California Physicians’ Service, No. 17-55878 (9th Cir.)

Prescott v. Rady Children’s Hospital, No. 3:16-cv-2408 (S.D. Cal.)

Schmitt v. Kaiser Foundation Health Plan of Washington, No. 2:17-cv-1611 (W.D. Wash.), Ninth Circuit 18-35846

Tovar v. Essentia Health, No. 0:16-cv-100 (D. Minn.)

 

Audia v. Briar Place, Ltd., No. 1:17-cv-6618 (N.D. Ill.)
Complaint, September 13, 2017

Amended complaint, November 13, 2017

Motion to dismiss, December 28, 2017

 

Opposition to motion to dismiss, January 30, 2018

Reply supporting motion to dismiss, February 23, 2018

18669125-0–5867

E.S. motion to dismiss reply

Order denying motion to dismiss, April 24, 2018

Answer to amended complaint, May 8, 2018

 

Motion for second amended complaint/proposed amended complaint, October 31, 2018

merged_86872_-1-1541079852

Notice re not filing second amendment complaint, settlement conference, November 1, 2018

19715900-0–19256

Minute entry re February settlement conference, December 4, 2018

19835137-0–31570

Stipulation for dismissal pursuant to settlement, May 9, 2019

20471951-0–3769

 

Boyden v. Conlin, No. 3:17-cv-254 (W.D. Wis.)

Opinion and Order on summary judgment, September 18, 2018

4756559-0–30406

Plaintiffs’ argument against allowing defendants to argue that a private health plan would have turned their procedures down, October 5, 2018

4765613-0–11889

Defendants’ argument for arguing that a private health plan would have turned plaintiffs’ procedure down, October 5, 2018

4765629-0–12500

Order re causation, October 8, 2018

4765907-0–16556

Judgment after jury trial, October 11, 2018

4768124-0–15551

Notice of appeal, November 9, 2018

merged_31816_-1-1541958733

Seventh Circuit # 18-3408

Cross-appeal, November 21, 2018

show_temp.pl 10

Defendant-appellants’ statement of issues, November 23, 2018

show_temp.pl 11

Seventh Circuit cross appeal # 18-3485

Mayer affidavit (redacted), December 6, 2018

merged_55711_-1-1544311049

Appellate scheduling order, March 19, 2019

7C Boyden scheduling order

Stipulation for dismissal, March 25, 2019

7C Boyden stip for dismissal

 

Briscoe v. Health Care Service Corp., No. 1:16-cv-10294 (N.D. Ill.)

Order on motion to dismiss, December 4, 2017

 

 

Condry v. United Health Group, Inc., No. 1:17-cv-183 (N.D. Cal.)

Complaint, January 13, 2017

Amended Complaint, March 10, 2017

Motion to Dismiss, April 14, 2017

Opposition to Motion to Dismiss, May 8, 2017

Reply supporting motion to dismiss, May 22, 2017

Order, August 15, 2017

Second amended complaint, September 5, 2017

Defendants’ 1292(b) certification motion, September 14, 2017

Answer to second amended complaint, September 19, 2017

Plaintiffs’ 1292(b) opposition, September 28, 2017

Defendants’ 1292(b) reply, October 5, 2017

Order denying 1292(b) certification, November 7, 2017

Defendants’ summary judgment memo, November 20, 2017

Plaintiffs’ summary judgment opposition/cross motion, December 18, 2017

Defendants’ reply/response, January 5, 2018

Defendants’ motion to strike, January 5, 2018

Plaintiffs’ reply supporting cross-motion, January 19, 2018

Pre-argument order, April 25, 2018

Oral argument held, case taken under advisement, April 26, 2018

Summary judgment order, June 27, 2018

 

Motion for class certification, February 20, 2019

file0.481275192500231

Opposition to motion for class certification, March 21, 2019

file0.338499300918681

[Declarations]

Souza declaration

 

Savercool declaration

 

Thompson declaration

 

Dietz declaration

 

Klos declaration

 

Miller declaration

 

Seay declaration

 

Vasquez declaration

 

Cappiello declaration

 

Dos Santos declaration

 

Klos declaration

 

Lee declaration

 

Seay declaration

 

Daubert motion to exclude testimony from Morton, March 21, 2019

 

Daubert motion to exclude testimony from Labovitz, March 21, 2019

 

Daubert motion to exclude testimony from McGlone, March 21, 2019

 

Daubert motion to exclude testimony from Hanley, March 21, 2019

 

Daubert response McGlone, April 4, 2019

Daubert response McGlone merged_53684_-1-1554471369

Daubert response Morton, April 4, 2019

Daubert response Morton merged_63220_-1-1554471464

Daubert response Labovitz, April 4, 2019

Daubert response Labovitz merged_81379_-1-1554471515

Daubert response Hanley, April 4, 2019

Daubert response Hanley merged_57304_-1-1554471561

[Plaintiffs’ motion for expedited consideration of motions, April 5, 2019

 

[Plaintiffs’ motion to limit consideration of D’Apuzzo, April 5, 2019

 

[Plaintiffs’ motion to limit consideration of Dos Santos, April 5, 2019

 

[Plaintiffs’ motion to limit consideration of Lee, April 5, 2019

 

[Plaintiffs’ motion to limit consideration of Miller, April 5, 2019

 

Reply supporting class certification, April 5, 2019

file0.466166978973103

[Donaldson-Smith declaration

 

Joint letter brief re discovery disputes, April 5, 2019

file0.155315822494355

[Declarations]

Donaldson-Smith declaration

 

Daubert reply re Labovitz, April 11, 2019

 

Daubert reply re Hanley, April 11, 2019

 

Daubert reply re Morton, April 11, 2019

 

Daubert reply re McGlone, April 11, 2019

 

Defendants’ opposition re Miller, with Souza declaration, April 17, 2019

file0.02248180475193

file0.422008117233542

[Defendants’ opposition re D’Apuzzo,

 

[Defendants’ opposition re Lee,

 

[Defendants’ opposition re Dos Santos,

 

[Plaintiffs’ reply re Miller, April 19, 2019

 

[Plaintiffs’ reply re Lee, April 19, 2019

 

[Plaintiffs’ reply re Dos Santos, April 19, 2019

 

Order denying class certification, May 23, 2019

file0.929380086288926

 

Doe v. BlueCross BlueShield of Tennessee, No. 2:17-cv-02793-TLP-cgc, 2018 WL 3625012 (W.D. Tenn. 2018)

Memorandum Opinion and Order, July 30, 2018

Doe addl auth pltf

 

Doe v. BlueCross BlueShield of Tennessee, No. 18-5897 (6th Cir.)

Appellant’s opening brief, November 21, 2018

6C Doe appellant opening brief

Appellee’s brief, January 22, 2019

6C appellee brief

Reply brief, February 15, 2019

6C reply brief

Opinion, June 4, 2019

19a0115p-06

 

 

Edmo v. Idaho Dep’t of Correction, No. 1:17-cv-151 (D. Idaho)
Second amended complaint, September 1, 2017

Defendants’ motion for partial summary judgment/dismissal, November 1, 2017

Plaintiff’s opposition, November 22, 2017

Plaintiff’s notice of constitutional question, November 22, 2017

Defendants’ reply supporting dismissal, December 6, 2017

US request for extension re intervening, January 24, 2018

US statement declining to intervene, March 23, 2018

Order, June 7, 2018

Rule 35 order, July 26, 2018

Emergency motion for second Rule 35 order, August 8, 2018

8/09/2018 93 ORDER granting 89 Motion for Rule 35 Examination. The Court rejects plaintiff’s attempt to limit the examination. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)

Idaho preliminary injunction opposition, September 14, 2018

 

Corizon preliminary injunction opposition, September 14, 2018

Edmo Corizon PI op

Reply supporting preliminary injunction, September 28, 2018

Edmo PI reply

Edmo posthearing brief, October 26, 2018
Idaho posthearing brief, October 26, 2018
Corizon posthearing brief, October 26, 2018
Order for gender confirmation surgery, December 13, 2018
Notice of appeal (Idaho), January 9, 2019
Notice of appeal (Corizon), January 9, 2019
Motion for stay pending appeal, January 9, 2019
Defendants’ joint status report, January 15, 2019
Edmo opposition to motion for stay pending appeal, January 30, 2019
Edmo amended complaint, January 31, 2019
Reply supporting stay, February 13, 2019
Order denying stay, March 4, 2019
Ninth Circuit #s 19-35017, 35019
Ninth Circuit opening brief and addendum, March 6, 2019
Answer (Corizon), March 15, 2019
Answer (Idaho), March 15, 2019
Edmo defendants’ status report, March 19, 2019
Edmo plaintiff’s status report, March 19, 2019
Ninth Circuit stay order, March 20, 2019
Ninth Circuit Edmo emergency motion, March 22, 2019
Ninth Circuit emergency motion scheduling order, March 22, 2019
Ninth Circuit appellants’ opposition to emergency motion, March 25, 2019
Ninth Circuit Edmo emergency motion reply, March 26, 2019
Motion for indicative ruling about PLRA, March 28, 2019
9C Edmo emergency motion order, March 29, 2019
District court state opposition to motion for indicative order, April 3, 2019
Edmo state urgent motion to vacate district court order, April 3, 2019
Edmo answering brief, April 3, 2019
Edmo opposition to urgent motion, April 4, 2019

9C Edmo Edmo opposition

State reply supporting urgent motion, April 5, 2019

9C defendants reply supporting urgent motion

Order saying urgent motion will be considered in ordinary course, April 5, 2019

9C Edmo order on non urgency

Order declining to make indicative ruling as unnecessary, April 9, 2019
Amicus briefing
Edmo opposition to motion to vacate district court order, April 15, 2019
Edmo motion for judicial notice, April 26, 2019
Edmo opposition to judicial notice, May 6, 2019
Edmo order denying judicial notice as unnecessary, May 7, 2019
Edmo order re issue to discuss at oral argument, May 15, 2019
Edmo limited remand order, May 30, 2019
Order following limited remand, May 31, 2019
Defendants’ proposed additional exhibits, June 20, 2019
Edmo defendants’ appeal from May 31 order, June 28, 2019
Ninth Circuit 19-35552
Op to motion to supplement record, July 1, 2019
Order on motion to supplement record, July 9, 2019

Esparza v. University Medical Center Management Corp., No. 2:17-cv- 4803 (E.D. La.)

Order denying motion to dismiss, Sept. 5, 2017

Amended Order and Reasons, Oct. 24, 2017

Accepted Offer of Judgment, Oct. 25, 2017

E.S. v. Regence BlueShield, No. 2:17-cv-1609 (W.D. Wash.)

Complaint, October 30, 2017

E.S. complaint

Motion to dismiss, January 19, 2018

E.S. motion to dismiss

Opposition to motion to dismiss, February 23, 2018

E.S. op to motion to dismiss

Reply supporting motion to dismiss, March 2, 2018

E.S. motion to dismiss reply

Order, September 25, 2018

ES v Regence BlueShield 1557 hearing aids dismissal

Notice of appeal, October 23, 2018

Ninth Circuit file #18-35892

Opening brief, January 23, 2019

9c e.s. opening brief

NHeLP amicus, January 29, 2019

9c nhelp amicus

DREDF amicus, January 30, 2019

9ce.s.dredfamicus

Appellees’ brief, March 25, 2019

9C appellee brief

Appellants’ reply brief, May 15, 2019

9C ES reply brief

 

Flack/Makenzie v. Wisconsin, No. 3:18-cv-309 (W.D. Wis.)

Complaint, April 30, 2018

PI memo, May 23, 2018

Proposed findings of fact, May 23, 2018

Answer, May 29, 2018

Defendants’ motion to change briefing schedule, May 31, 2018

Plaintiffs’ opposition, June 1, 2018

Order, June 5, 2018:

    • TEXT ONLY ORDER

The court held a telephonic conference this morning on defendants’ motion to amend the briefing schedule for plaintiffs’ preliminary injunction request (dkt. # 35 ), at which counsel for both sides appeared. For reasons explained during the hearing, including plaintiffs’ narrowing their requests for preliminary relief to the named plaintiffs based on their ACA § 1557 and equal protection claims, as well as the parties’ commitment to accommodating limited, reasonable discovery as to plaintiffs’ claims of immediate harm, that motion was GRANTED IN PART AND DENIED IN PART. Accordingly, the schedule is amended as follows: Defendants’ opposition is due July 12, 2018, and the preliminary injunction hearing will be on July 19 at 1:30 p.m. Signed by District Judge William M. Conley on 6/5/2018. (kwf) (Entered: 06/05/2018)

Plaintiffs’ request to file reply brief supporting preliminary injunction, June 14, 2018

Amended answer, June 19, 2018

Stipulation re findings of fact, July 6, 2018

Opposition to PI, July 12, 2018

Response to proposed findings of fact, July 12, 2018

Plaintiffs’ reply, with copy of Good v. Iowa DHS decision, July 16, 2018

Decision, July 25, 2018

Joint motion to amend deadlines, August 10, 2018

Supplemental opposition re scope of injunction, August 22, 2018

merged_28407_-1-1535030961

Notice of appeal, etc., August 24, 2018

merged_25237_-1-1535212717

Seventh Circuit # 18-2861

 

Plaintiffs’ response to supplemental opposition, August 29, 2018

 

Amended complaint with class action allegations, September 25, 2018

Flack Makenzie amended complaint

Answer to amended complaint, October 16, 2018

4770654-0–8212

Class certification motion, memo, supporting documents, October 18, 2018

Motion 4772130-0–20758

Memo 4772133-0–1370

Supplemental Flack declaration 4772139-0–20950

Second supplemental Makenzie declaration 4772144-0–21033

Kelly declaration 4772149-0–21192

Welp declaration and CV merged_58949_-1-1540422824

Sherwin declaration 4772167-0–21462

Hughto supplemental expert declaration (w/o exhibits) 4772172-0–21534-1

Vancil declaration 4772175-0–21831

Grunenwald-Ries declaration 4772178-0–21911

Vordermann declaration (with denial letters) merged_83112_-1-1540423247

Klar attorney declaration 4772187-0–22252

Wardenski attorney declaration 4772190-0–22316

Peterson attorney declaration 4772193-0–22391

Pledl attorney declaration 4772196-0–22435

Coursolle attorney declaration 4772199-0–22613

McKee attorney declaration 4772205-0–22721

Motion to modify preliminary injunction, October 25, 2018

Motion 4775875-0–14104

Memorandum 4775878-0–12131

Oriel declaration merged_44531_-1-1540560843

Proposed revised factual findings 4775884-0–15371

Defendants’ nonopposition to class certification, November 8, 2018

4783775-0–14026

Defendants’ supplemental declaration (Williams), November 19, 2018

merged_19191_-1-1542724442

Reply supporting injunction modification, December 10, 2018

merged_59293_-1-1544625509

Budge supplemental declaration, December 10, 2018

merged_72277_-1-1544625725

Schechter supplemental declaration, December 10, 2018

4797794-0–30926

Sutphin deposition transcript, filed December 11, 2018

4797939-0–32064

Supplemental Sherwin declaration, January 25, 2019

4819577-0–1206

merged_96816_-1-1548685364-1

Rescheduling motion, March 20, 2019

7C Flack Makenzie joint rescheduling mo

Seventh Circuit stipulated dismissal, March 21, 2019

7C Flack Makenzie notice of stipulated dismissal

Plaintiffs’ status report and request for status conference, April 5, 2019

4853354-0–30491

Opinion and order on class cert, preliminary injunction, April 23, 2019

4862401-0–11747

Plaintiffs’ summary judgment memo, April 23-24, 2019

4862423-0–30580

[Lots of supporting material]

Defendants’ motion for stay, with declaration, May 9, 2019

4870970-0–899

4870973-0–1884

Defendants’ motion for extension of time to respond to summary judgment, May 9, 2019

4870981-0–2266

Plaintiffs’ partial opposition to extension of time, May 9, 2019

4871099-0–2916

Plaintiffs’ opposition to stay, May 13, 2019

merged_58320_-1-1557839967-1

Order denying stay, May 17, 2019

4875521-0–12188

State defendants’ opposition, May 21, 2019

4877513-0–19821

State defendants’ responses to facts, May 21, 2019

4877519-0–20639

[Declarations]

Motion for leave to file second amended complaint, May 23, 2019

4878900-0–6396

Proposed second amended complaint, with redline version, May 23, 2019

4878900-1–8221

4878900-2–8529

Motion to strike Ostrander declaration, June 4, 2019

4884060-0–20083

4884066-0–21122-1

Reply supporting summary judgment, June 4, 2019

4884069-0–21580

4884072-0–22044

merged_61183_-1-1559741270

[Defendants’ response to motion to strike, with supporting documents, June 24, 2019

 

Amended complaint, June 27, 2019

show_temp.pl 14

Reply supporting motion to strike, July 3, 2019

4898685-0–4591

Answer to amended complaint, July 11, 2019

4901495-0–23780

Summary judgment order, August 16, 2019

4920644-0–8552

 

Hartford Healthcare Corp. v. Anthem, No. 3:17-cv-1686 (D. Conn.)

Hartford Healthcare: Motion to dismiss amended complaint, October 23, 2017

Cases other than Mills cited in Hartford motion to dismiss
Association of NJ Chiropractors v. Horizon Healthcare Services, No. 3:16-cv-8400 (D. N.J.)
Opinion, June 13, 2017

In re Bradford, 534 B.R. 839 (2015)

Dominion Pathology Laboratories v. Anthem Health Plans of Virginia, No. 2:15-cv-152 (E.D. Va.)
Remand order, June 19, 2015

NY State Psychiatric Ass’n v. UnitedHealth Group, No. 1:13-cv-1599 (S.D. N.Y.)
Memorandum Order granting motion to dismiss, October 31, 2013

Second Circuit partial reversal and remand, No. 14-20 (August 20, 2015)

Dismissals, February 2, 2016

Hartford: Opposition to motion to dismiss amended complaint, October 31, 2017

Hartford: Decision, Nov. 1, 2017

 

 

Harvey v. Centene Corp., No. 2:18-cv-12 (E.D. Wash.)
Complaint, filed January 11, 2018

Joint status report and discovery plan, March 8, 2018

Centene-related consent order from Washington State, Dec. 15, 2017

Motion to dismiss (Centene), March 12, 2018

Motion to dismiss (Coordinated Care), March 12, 2018

[Dinkleman declaration]
Motion to dismiss (Superior), March 12, 2018

Op to motions to dismiss, April 30, 2018

Mo to dismiss replies, May 29, 2018

Harvey Co Ord Care mo dism reply

Order allowing filing of amended complaint, July 17, 2018

Harvey amended complaint, July 18, 2018

Motion to dismiss amended complaint, August 1, 2018

Stipulation for second amended complaint, August 29, 2018

Second amended complaint, August 29, 2018

Motion to dismiss second amended complaint, September 12, 2018

 

Harvey op to motion to dismiss, October 11, 2018

Harvey pltf op to mo dism

Reply supporting motion to dismiss, October 31, 2018

Harvey mo dism reply

Order on motion to dismiss, November 21, 2018

Harvey order on motion to dismiss second amended complaint

Harvey third amended complaint, November 28, 2018

Harvey third amended complaint

Answer to third amended complaint, December 12, 2018

Harvey answer third amended complaint

Joint status report and plan, January 17, 2019

harvey joint status report and plan

 

Mills v. BlueCross BlueShield of TN, No. 3:15-cv-552 (E.D. Tenn.)

Memorandum Opinion and Order, January 9, 2017

Recon (BCBS),

Recon (plaintiff)

Stipulation for dismissal/settlement, April 12, 2017

Morris v. California Physicians’ Service, No. 17-55878 (9th Cir.)
Ninth Circuit opinion, March 18, 2019

Prescott v. Rady Children’s Hospital, No. 3:16-cv-2408 (S.D. Cal.)

Order on motion to dismiss, September 27, 2017

Amended complaint, October 12, 2017

Motion to dismiss state claims, October 26, 2017

Opposition to motion to dismiss state claims, November 22, 2017

Reply supporting motion to dismiss state claims, December 1, 2017

11356559-0–32186

Order dismissing some of the state claims, May 11, 2018

Answer to first amended complaint, May 25, 2018

 

Order denying rescheduling, April 22, 2019

13082337-0–14316

Notice of settlement in principle, June 28, 2019

13328483-0–13018

Order confirming settlement and setting deadlines, June 28, 2019

13329351-0–6399

Request to extend deadline to finalize settlement, July 26, 2019

13420967-0–13850

Order partially extending deadline, July 26, 2019

13422604-0–14269

 

Schmitt v. Kaiser Foundation Health Plan of Washington, No. 2:17-cv-1611 (W.D. Wash.)
Kaiser motion to dismiss, January 5, 2018

Plaintiff’s opposition, February 2, 2018

Kaiser reply, February 9, 2018

Order allowing second amended complaint, February 27, 2018

Second amended complaint, February 28, 2018

Plaintiffs’ additional authority (Flack and Boyden), July 31, 2018

Defendants’ additional authority (Doe v. BC BS TN), July 31, 2018

Defendants’ additional authority (Wood), August 28, 2018

Defendants’ additional authority (Puerner), August 30, 2018

Plaintiffs’ additional authority (4 cases), August 30, 2018

Order dismissing case, September 14, 2018

schmitt dismissal order

Appeal filed, October 11, 2018  (No. 18-35846)

 

Schmitt opening brief, January 22, 2019

9c schmitt ob

Schmitt DREDF amicus, January 29, 2019

9c dredf amicus

Schmitt NHeLP amicus, January 29, 2019

9c nhelp amicus

Kaiser op to amicus filings, February 8, 2019

9C Schmitt Kaiser amicus op

Kaiser opposition brief, March 21, 2019

9C Schmitt appellee brief

Schmitt reply brief, May 13, 2019

9C Schmitt reply brief

 

SEPTA v. Gilead Sciences, No. 2:14-cv-6978 (E.D. Pa.)

Memorandum, May 4, 2015

13376702-0–27068

 

Tovar v. Essentia Health, No. 0:16-cv-100 (D. Minn.)
Memorandum Opinion and Order, Sept. 20, 2018

Tovar order

HealthPartners Answer, Oct. 4, 2018

HealthPartners Answer

 

Essentia and Innovis Answer, October 11, 2018

Tovar answer 2

HealthPartners statement, Nov. 1, 2018

Tovar Healthpartners statement

Innovis statement, Nov. 1, 2018

Tovar Essentia statement

Olson statement, Nov. 1, 2018

Tovar Olson statement

Letter re settlement, June 5, 2019

Tovar settlement letter

Stipulation for dismissal and proposed order, July 24, 2019

Tovar stip for dismissal

Tovar proposed dismissal order

Tovar dismissal order, July 25, 2019

Tovar dismissalo

 

Valencia v. City of Springfield, No. 17-2773 (7th Cir., March 1, 2018)

Valencia 7C opinion

 

Weinreb v. Xerox Business Services, No. 1:16-cv-6823 (S.D. N.Y., Aug. 29, 2018)

file0.960818327536014

Motion to alter or amend judgment, Sept. 29, 2018

file0.730470276243192

Opposition, Oct. 25, 2018

file0.445834053252963

Reply, Nov. 15, 2018

file0.808632794805941

 

York v. Wellmark, Inc., No. 4:16-cv-627 (S.D. Iowa, Sept. 6, 2017)

2450728-0–16702

Order, Feb. 28, 2019

2744544-0–15764

 

 

 

LITIGATION VERSUS THE FEDERAL GOVERNMENT’S 1557 REGULATIONS

Franciscan Alliance v. Burwell

North Dakota

 

Franciscan Alliance v. Burwell, No. 7:16-cv-108 (N.D. Tex.),

Complaint, August 23, 2016

Complaint 177110100373

Motion to intervene, September 16, 2016

Intervenors mo 177110158316

US opposition to motion to intervene, October 7, 2016

govt op to mo to intervene

Order re extension of time re mo to intervene, October 7, 2016

extension of time order re mo to intervene

First amended complaint, October 17, 2016

First Amended Complaint 177110227088

State plaintiffs’ motion for partial summary judgment or preliminary injunction, October 21, 2016

State Plaintiffs MSJ PI 177110241326

Private plaintiffs’ motion for partial summary judgment or preliminary injunction, October 21, 2016

Private Plaintiffs MSJ PI 177110241373

Scheduling order, November 1, 2016

Scheduling order 177110263968

US PI opposition, November 23, 2016

US PI op 177110321952

Putative intervenors’ PI opposition, November 23, 2016

Intervenors PI op 177110322191

State plaintiffs’ PI reply, December 2, 2016

State plaintiffs PI reply 177110338867

Private plaintiffs’ PI reply, December 2, 2016

Private Plaintiffs PI RB 177110339534

Order (December 31, 2016)

Franciscan Alliance PI order

Order denying 24(a) intervention and stay (January 24, 2017)

FA order denying ACLU 24 a motion

US motion for voluntary remand and stay (May 2, 2017)

US motion for voluntary remand and stay

Plaintiffs’ opposition to voluntary remand (May 4, 2017)

Franciscan Alliance voluntary remand op

US voluntary remand reply (May 18, 2017)

Franciscan Alliance voluntary remand reply

Scheduling order (June 13, 2017)

scheduling order for 6 26 17 hearing

Fifth Circuit action on putative intervenors’ appeal (June 30, 2017)

5C FA circuit order

Order re voluntary remand and stay (July 10, 2017)

Order re voluntary remand and stay

US status report (August 4, 2017)

Franciscan Alliance status report 8 4

Status report order (August 16, 2017)

FA status report order

Status report (December 15, 2017)

FA status report 12 15

Status report (February 13, 2018)

FA status report 2 13 18

Status report (April 16, 2018)

Franciscan Alliance 4 18 status report

Status report (June 25, 2018)

Franciscan Alliance 6 25 status report

Status report (August 14, 2018)

Franciscan Alliance 8 14 status report

Fifth Circuit appeal, 17-10135

Status report (October 15, 2018)

status report 10 15 2018

Plaintiffs’ motion for status conference (December 11, 2018)

Franciscan Alliance status conference request

Proposed intervenors’ request to participate (December 13, 2018)

proposed intervenors’ request to participate

Status conference set for 12/19

US status report (December 14, 2018), with Harris response mentioned in the report

Franciscan Alliance 12 14 18 status report

20181024152750333_18-107 RG GR Harris Funeral Homes

Parties’ joint motion for briefing schedule (December 17, 2018)

Joint motion for briefing schedule

Briefing schedule order (December 17, 2018)

FA briefing schedule order

ACLU renewed motion to intervene with proposed order; brief; appendix

ACLU renewed motion to intervene

ACLU brief supporting renewed motion to intervene

ACLU appendix re renewed motion to intervene

States’ motion for summary judgment, summary judgment memo, and appendix (February 4, 2019)

FA motion for summary judgment

FA summary judgment memo

FA summary judgment appendix

Franciscan Alliance motion for summary judgment, summary judgment memo, and appendix (February 4, 2019)

FA private motion SJ

FA private SJ memo

FA private SJ appendix

Plaintiffs’ opposition to renewed motion to intervene, including opposition to appendix (February 25, 2019)

FA plaintiffs op to renewed interv mo

FA plaintiffs’ op to affidavits

US nonopposition to motion to intervene (February 25, 2019)

US nonop renewed mo intervene

Intervenors’ reply, and opposition to striking declaration (March 11, 2019)

FA reply supporting interv

FA interv declaration strike op

Wisconsin motion to dismiss itself out of case, March 21, 2019

FA Wisconsin motion to dismiss itself

Unopposed version of Wisconsin motion, March 28, 2019

TKL Wisconsin mo to dism itself

Order dismissing Wisconsin, April 2, 2019

FA Wisconsin dismissal order

US motion for extension of time to respond to summary judgment motion, April 4, 2019

FA US xt mo

FA opposition, April 4, 2019

FA xt op

Scheduling order, April 4, 2019

FA xt scheduling order

US summary judgment response, April 5, 2019

US summary judgment response 4 5 19

Intervenors’ summary judgment response, and 56(d) declaration, April 5, 2019

FA interv SJ op

FA interv 56 d declaration

State plaintiffs’ SJ reply, May 3, 2019

state plaintiffs’ sj reply 5 3 19

Private plaintiffs’ SJ reply, May 3, 2019

private plaintiffs’ sj reply 5 3 19

US notice re rulemaking, May 31, 2019

FA US notice of proposed rulemaking

NPRM non fed reg version 5 24 19

Plaintiffs’ response re rulemaking, June 6, 2019

FA pltf response to rulemaking

Order directing US to reply to plaintiffs’ response, June 7, 2019

FA order directing reply

US reply, June 12, 2019

US reply 6 12 19

Order for briefing on putative intervenors’ standing, August 7, 2019

FA order for briefing on interv standing

Plaintiffs’ supplemental brief, August 12, 2019

pltfs supp brief 8 12 19

US supplemental brief, August 12, 2019

US supp brief 8 12 19

Proposed intervenors’ supplemental brief, August 14, 2019

proposed intervenors supplemental brief 8 14 19

 

Complaint in The Religious Sisters of Mercy v. Burwell, No. 3:16-cv-386 (filed November 7, 2016) 1026880-0–2510

Complaint in Catholic Benefits Ass’n v. Burwell, No. 3:16-cv-432 (filed December 28, 2016) 1040482-0–2480

North Dakota v. Burwell, No. 3:16-cv-386 (D. N.D.), US motion for voluntary remand/stay, May 26, 2017 1091550-0–16594

Plaintiffs’ request for additional stay, May 30, 20171091698-0–30199

Plaintiffs’ response to US motion for voluntary remand, June 9, 20171095695-0–30256

US EEOC op to stay, June 13, 20171096702-0–30292

Plaintiffs’ reply in support of stay, June 20, 20171098624-0–30332

US notice of supplemental authority, July 12, 20171104175-0–3557

Stay but no remand order, August 24, 20171118387-0–4693